M&A agreements and other commercial contracts frequently contain a provision that bars the recovery of “consequential damages”—often referred to by courts and practitioners as a consequential damages ...

Consequential damages waivers are included in most contracts, and can expose a company to significant liabilities, or just as easily bar a company from recovering for significant losses. These should ...

What is a consequential damage? This is the million (sometimes multimillion) dollar question. According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and ...

Consequential damages is one of those U.S. legal concepts that all lawyers learn about in law school, but nonetheless generates confusion and disagreement in legal practice. A typical seller's ...

There are plenty of terms and provisions in a construction contract which can sound pretty definitive but which can actually prove to be anything but certain. A waiver of consequential damages is one ...

It’s an alarm clock of a word. It implies that whatever you imagined the stakes were before, they’re even higher than you thought. Every now and then, a particular word suddenly seems to be everywhere ...

Many sophisticated commercial parties continue to include a boilerplate consequential damages bar in their contracts, often on the assumption that it protects against a multi-million dollar lost ...